the evidence in the case, and unless
it is such that were the same kind of doubt interposed in the
graver transactions of life, it would cause a reasonable and
prudent man to hesitate and pause, it is insufficient to authorize
a verdict of not guilty. If, after considering all the evidence,
you can say you have an abiding conviction of the truth of the
charge, you are satisfied beyond a reasonable doubt.

"The doubt which the juror is allowed to retain in his own mind,
and under the influence of which he should frame a verdict of not
guilty, must always be a reasonable one. A doubt produced by undue
sensibility in the mind of any juror in view of the consequence of
his verdict is not a reasonable doubt, and a juror is not allowed
to create sources or materials of doubt by resorting to trivial and
fanciful suppositions, and remote conjectures as to possible states
of facts, differing from that established by the evidence. You are
not at liberty to disbelieve as jurors, if, from the evidence, you
believe as men; your oath imposes on you no obligation to doubt
where no doubt would exist if no oath had been administered.

"In this case the jury may, as in their judgment the evidence
warrants, find any or all of the defendants guilty, or any or all
of them not guilty; and if in their judgment the evidence warrants,
they may, in case they find the defendants, or any of them guilty,
fix the same penalty for all the defendants found guilty, or
different penalties for the different defendants found guilty.

"And in case they find the defendants, or any of them, guilty of
murder, they should fix the penalty either at death or at
imprisonment for life in the penitentiary, or at imprisonment in
the penitentiary for a term of any number of years not less than
fourteen."

* * * * *

THE JURY RETIRES.

The instructions of Judge McConnell were listened to with intense
interest by the jurors, the prisoners, and the spectators. After he had
concluded he made a verbal statement to the effect that if the jurors
had taken any notes during the progress of the case, it would be
necessary for them to disregard them in the jury-room. The oath was then
administered to the bailiffs who were to take charge of the jury. Each
one of them was compelled to solemnly swear by th